The Constitutional State

Nick Barber

Description

The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory and institutions bound together by rules. The institutions of the state make a distinctive and characteristic claim over the people of the state, who, in turn, have a distinctive and characteristic relationship with these institutions. This account reveals the importance of at least two forms of pluralism - legal and constitutional. It also casts light on some of the more difficult questions faced by writers on constitutions - such as the possibility of states undertaking actions and forming intentions, the moral significance of these actions for the people of the state, and the capacity of the state to carry responsibility for acts between generations.

The Constitutional State

Nick Barber

Table of Contents

1. The Paths of Constitutional Theory2. Approaching the State3. The Members of the State4. The Constitution of Social Groups5. States and Their Constitutions6. Laws and Conventions7. The Mentality of the State8. The Responsibility of the State9. Legal Pluralism10. Constitutional Pluralism

The Constitutional State

Nick Barber

Author Information

Nick Barber is the Senior Law Fellow at Trinity College. He specializes in public law, in particular constitutional theory and has lectured on constitutional issues in America, Canada, Spain, and Germany.